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(영문) 서울고등법원 2015.11.12 2014나2044978
회생채권조사확정재판에대한이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) (i) the instant loan agreement and the assumption of obligation;

) A project that newly constructs and sells multi-family housing at the Hongsung-gun G G G (hereinafter referred to as “instant project”).

2) On March 23, 2012, F entered into a loan and business agreement with the Defendant to obtain a loan of KRW 50 billion (hereinafter “instant loan agreement”) with respect to the instant business (hereinafter “instant loan agreement”) and the content relating to the instant case are as follows.

In accordance with this Agreement, the following grounds for non-performance of the obligation under Article 15 (1) shall constitute grounds for non-performance:

6. If the borrower becomes insolvent or if a petition is filed to commence liquidation, rehabilitation proceedings, bankruptcy proceedings, or any other similar proceedings (including the commencement of joint administrative proceedings, etc. under an operation agreement of the creditor banks' council) with respect to the borrower, the lender may take the following measures if any cause for default under paragraph (2) occurs as a result of the failure to perform the obligation:

2. It may be notified that the borrower has become due and due to the repayment of the principal and interest of loan, the obligation to be paid by the borrower to the lender, such as fees and expenses, and it shall be deemed that the lender has become due and due on the date of such notification;

The lender need not make a separate demand for performance for the arrival of the time limit for the above obligation.

Where the borrower has notified that the lender has become due, he/she shall confirm that the due date comes immediately from the date of notification and there is no objection thereto.

However, in the case of paragraph (1) 2, 6, and 12, the due date shall arrive without a separate notice immediately after the relevant cause occurs.

(2) If the benefit of time is lost pursuant to paragraph (1) 2.2., the borrower shall immediately compensate the lender for the full amount of the loan and all expenses and losses incurred from the cause of the default.

3. The debtor company.

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